Terms & Conditions

Terms and Conditions of Sale for BKA (UK) Limited

1. Prices

Prices are subject to alteration without notice and revision in the case of errors and omissions.

Prices do not include VAT

2. Price Variation

The seller reserves the right to increase the price of the goods agreed to be sold in proportion to any increase of costs to the Seller between the date of acceptance of the order and the date of delivery (including but not by way of limitation those relating to exchange rates, labour, materials, transport and taxes) or where the increase is due to any act or default of the Purchaser, including the cancellation by the Purchaser of part of any order.

3. Delivery

Delivery will be ex works and goods will be normally packed in/on non returnable packing wherever possible and carriage will be arranged at the request and expense of the Purchaser. However where material is despatched on Factory Wooden Drums, the wooden drums are loaned free of charge for a period of 6 months. If they are not returned by this time, they will be invoiced at the prevailing cost at the time. See BKA drum conditions.

Any delivery period quoted is an estimate only and commences from the Seller’s order. Provided the seller takes all reasonable steps to deliver the goods at the time stated the Seller shall be under no obligation for failure to do so.

The Seller reserves the right to deliver in more than one consignment and to invoice each consignment separately.

4. Damage or Loss in Transit

Where delivery is effected by the Seller or any carrier acting on behalf of the Seller, the Seller will not be liable for any damage or loss in transit, unless written notice thereof is given to the Carrier and to the Seller within three days of receipt of the goods and in the case of loss of goods, notice in writing must be given to such carrier ad a claim in writing must be made to the Seller within fourteen days of the despatch of the goods.

Where delivery is effected by collection from the Seller’s premises of the goods by the Buyer or any Carrier acting on behalf of the Buyer, the Seller shall not in any circumstances be liable for any damage to or loss of the goods in transit.

5. Payment

Payment shall be due on the 30th of the month following date of invoice. Payment shall not be withheld on account of any claim by the Purchaser against the Seller. The Seller reserves the right to charge interest at 2%per month on any sum outstanding after that date.

The Seller reserves the right to suspend deliveries where payment for any order related or otherwise has not been made on the due date and remains outstanding.

6. Title and Risk

Until full payment has been received by the Seller for all goods whatsoever supplied at any time by the Seller to the Buyer, property in the goods shall remain in the Seller, even where they have been incorporated in a new product.

Subject to the conditions below the buyer shall be at liberty to sell the goods and the new products in the ordinary course of business on the basis that the Seller shall have the full legal and beneficial ownership of the goods and such new products and that the proceeds of sale thereof shall be the property of the Seller, for which the Buyer shall account to the Seller on demand, until the Seller is paid in full.

The Seller may revoke the Buyer’s power of resale by notice to the Buyer if the Buyer is in default of payment by more than 7 days in respect of any sums due to the Seller or if the Seller has bona fide doubts to the Buyer’s solvency.

In the event of:

(a) a Receiver being appointed over any of the Buyer’s assets, or

(b) a winding up order being made against the Buyer, or

(c) the Buyer going into voluntary liquidation, or

(d) the Buyer making any arrangement or composition with its creditors, or

(e) the Buyer committing an act of bankruptcy

the Buyer’s rights of resale shall automatically cease.

Upon determination of the Buyer’s power of sale the Buyer shall place goods and new products at the disposal of the Seller who may enter onto any of the Buyer’s premises in order to retake possession.

Not withstanding the above the goods are at the entire risk of the Buyer from the time of delivery.

7. Description and Data

Goods will be supplied substantially as described. Where the Seller is not the manufacturer, goods will be those supplied to the manufacturer’s current specification and finish.

The Seller shall make every effort to ensure the accuracy of technical data or literature relating to goods, but the Seller (so far as permitted by Law), accepts no liability in contract, tort or otherwise for any damages or injury arising directly or indirectly from any error or omission in such technical data or literature.

8. Guarantees

The seller guarantees at its discretion to refund the price of the goods or to repair or replace free of charge any of the goods found to its satisfaction to be defective within 12 months of the date of delivery owing to faulty design, materials or workmanship, provided that the goods have not been modified or repaired other than by the Seller and have been operated, stored and maintained within the Seller’s recommendations for use.

Goods returned under this guarantee shall be delivered to the Seller’s premises at the Purchaser’s expense and if found not to be defective (or when defect is attributable to the Purchaser’s design or materials) will be returned to the Purchaser at his own expense and subject to a testing charge of 15% of the invoice price together with VAT thereon if applicable.

The Seller’s obligation herein to refund or repair the goods is the sole liability of the Seller as regards the quality, fitness or description of the goods and their correspondence with sample. All other representations, warranties, conditions, terms and statements as regards the same express or implied, statutory or otherwise, are excluded save where not capable of exclusion at law. The Seller is under no further liability in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from or in relation to the quality, fitness or description of the goods and their correspondence with sample.

The Purchaser shall inspect the goods and notify the Seller of any defects or other non-conformance within 30 days from date of delivery.

The goods shall not be considered defective for the purposes of the Conditions unless:

(1) they are not in accordance with the Purchaser’s specifications where this is the agreed specification.

(2) if the Purchaser has no such specification or to the extent that the Purchaser’s specification is silent as to any aspect of the design, function, performance, tolerances, quality or characteristics of the goods do not conform to the Seller’s published information or if no such information has been published the goods do not conform to the standards which the Seller considers normal or usual for products of the kind sold at a similar price.

(3) the Seller is not in a position to ensure that the Purchaser’s specification is correct and/or sufficient for the purposes intended by the Purchaser must satisfy itself on this point.

(4) in the case of goods repaired or replaced by the Seller, the guarantee shall terminate at the end of the original guarantee period.

9. Limitation of Liability

The seller shall not be liable in contract, tort or otherwise for any loss or damage suffered by the Purchaser whatsoever or howsoever arising out of or in connection with the supply of goods or services by the Seller other than to supply goods conforming to the original agreed specification or at the Seller’s option to refund to the Purchaser any monies already paid in respect of the goods.

10. Cancellation and Returned Goods

Once goods are ordered the Buyer will be liable for the costs of such goods under all circumstances. No cancellation/alteration to the specification will be permitted without prior written agreement and acceptance of variation to specification by the Seller.

Title and ownership of the goods remains with the Seller in accordance with clause 6. Cancellation for any cause whatsoever will be at the Buyer’s cost and expense.

If the Seller agrees to accept cancellations or part cancellation of an order a charge of 20% of total order price will be made.

Except under the guarantee in clause 8 no returns are permitted without the Seller’s previous consent.

If the Seller agrees to accept returns other than under the guarantee contained in clause 8 they must be returned at the Purchaser’s expense in original condition and if tested by the Seller will be subject to a minimum charge of 15% of invoice price together with VAT thereon if applicable.

11. Force Majeure

The Seller shall have no liability in respect of failure to deliver or perform or delay in delivering or performing any obligations under the contract due to any cause outside the reasonable control of the Seller including but not limited to Act of God, Fire, Floods, War and Civil Disturbances or Riot, Acts of Government, Currency Restrictions, Labour Disputes, Strikes, Unavailability of Materials or failure of Supplier, Carrier or Sub-Contractor to deliver on time.

12. Storage

When delivery is delayed for reasons attributable to the Purchaser or its Agents, storage and other additional costs will be charged to the Purchaser and the goods will be at the Purchaser’s risk from the date of commencement of such delay. The Seller reserves the right to invoice the goods at the original delivery date which shall be the date of commencement of the guarantee.

13. Conditions of Sale

The Seller’s Conditions of Sale shall be governed by English Law.

In the event of inconsistencies between the Seller’s and Purchaser’s conditions the Seller’s shall prevail. No variation of the Seller’s conditions shall be binding upon the Seller unless and until the variation has been accepted in writing by a duly authorised person on behalf of the Seller.

Company information:

BKA Solutions is one of the UKs largest suppliers of networking infrastructure products for both the UK and Europe.